In the context
of this case, Cory J. held that the comments by the trial judge were «unfortunate», «worrisome» and «come very close to the line» but
when considered in light
of the submissions and evidence in the case, did not in his view give rise to a
reasonable apprehension of bias.
D.G.C did not allege actual
bias, instead submitted that his retainer
of Sachs in 1998,
when she was in private practice, and his disclosure
of privileged information to her at that time, gives rise to a «
reasonable apprehension of bias» in respect
of the judge's participation in the decision.